THIRD DIVISION
[G.R. Nos. 242376-99. May 12, 2021.]
JOSE S. RAMISCAL, JR., petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated May 12, 2021, which reads as follows:
G.R. Nos. 242376-99 (Jose S. Ramiscal, Jr. vs. People of the Philippines). — The Court NOTES the Notice of Death dated July 9, 2020, filed by Atty. Jose T. Banday, collaborating counsel for petitioner, informing the Court that petitioner died on July 17, 2019 and submitting a copy of his certificate of death; and moves for the dismissal of this petition for review on certiorari and praying that this case be considered closed and terminated.
This is a Petition for Review on Certiorari under Rule 45 of the Revised Rules of Court, seeking to set aside the Decision 1 dated April 13, 2018 and the Resolution 2 dated October 8, 2018 both rendered by the Sandiganbayan in Criminal Case Nos. 25122 to 25145, which found petitioner Jose S. Ramiscal, Jr. (petitioner) guilty of committing twelve (12) counts for violation of Section 3 (e) of Republic Act No. 3019 and twelve (12) counts for committing falsification of public documents, as defined and penalized under Article 171 (4) of the Revised Penal Code.
On July 24, 2020, this Court received a Notice of Death dated July 9, 2020 from the counsel of the petitioner, stating therein that petitioner died on July 17, 2019. 3 Attached to the notice is the Certificate of Death 4 dated July 17, 2019. It would, thus, appear that the petitioner passed away during the pendency of his appeal before this Court.
Article 89 (1) of the Revised Penal Code provides for the consequence of petitioner's death, to wit:
Article 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.
It is clear from the foregoing that the criminal liability of petitioner is totally extinguished because he died before final judgment. As regards his civil liabilities, it was extensively discussed in the case of People v. Bayotas5 how the same are affected by his death, to wit: cSEDTC
1. Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. As opined by Justice Regalado, in this regard, "the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed, i.e., civil liability ex delicto in senso strictiore."
2. Corollarily, the claim for civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict. Article 1157 of the Civil Code enumerates these other sources of obligation from which the civil liability may arise as a result of the same act or omission:
a) Law;
b) Contracts;
c) Quasi-contracts;
d) Acts or omissions punished by law; and
e) Quasi-delicts.
3. Where the civil liability survives, as explained in Number 2 above, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to Section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. This separate civil action may be enforced either against the executor/administrator or the estate of the accused, depending on the source of obligation upon which the same is based as explained above.
4. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action. In such case, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, conformably with provisions of Article 1155 of the Civil Code, that should thereby avoid any apprehension on a possible privation of right by prescription. 6
Accordingly, petitioner's civil liability, which is directly arising from and based solely on the violations committed, is likewise extinguished as a consequence of his death. Petitioner's civil liability, which is predicated on other sources of obligation, survives and may be filed against his estate through a separate civil action. 7
WHEREFORE, the Court resolves as follows: (a) the criminal and civil liabilities ex delicto of Jose S. Ramiscal, Jr. in Criminal Case Nos. 25122 to 25145 are EXTINGUISHED by reason of his death; and (b) the instant case filed against Jose S. Ramiscal, Jr. is hereby declared CLOSED and TERMINATED.
SO ORDERED.
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Penned by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with Associate Justices Zaldy V. Trespeses and Bayani H. Jacinto, concurring; rollo, pp. 78-132.
2.Id. at 133-137.
3.Id. at 625.
4.Id. at 627.
5. 306 Phil. 266, 282-284 (1994).
6.Id. at 282-284 (1994) (citations omitted).
7.Dr. Cabugao vs. People, 740 Phil. 9, 33 (2014), citing People v. Bayotas, id.